Publications
Contracts for the Sale and Purchase of Land: Purchasers’ Remedies, Final Report 97
Under the present law of Alberta, specific performance of a contract for the sale and purchase of land will not be granted to the purchaser under the contract unless the land is unique in the sense that no substitute is readily available. In 1996, the Supreme Court of Canada, in Semelhago v Paramadevan, said that it is no longer the case that every piece of real estate is unique and that it therefore cannot be assumed […]
AREA OF LAW | Corporate and Commercial Property Real Property |
TAGS | paramadevan, real estate, remedies, contracts, purchaser, performance, supreme court, certificate, semelhago, Land, purchase, sale, title |
FORMAT | Publications |
FILE | fr97.pdf |
October 29, 2009
The Creation of Wills, Final Report 96
Categories Menu By Area of Law Administration of Justice Constitutional and Public Law Contract Corporate and Commercial Criminal Law Debtor and Creditor Employment and Industrial Law Equity and Trusts Family Law General Legal Profession Medical Law Partnerships and Associations Personal Representatives Procedure Property Tort Wills and Succession Publication Type The Creation of Wills This report makes a number of recommendations to reform the Wills Act. It recommends that Alberta courts be given the power to validate […]
AREA OF LAW | Wills and Succession |
TAGS | validate, alteration, revival, formalities, majority, testamentary, requirement, handwriting, interpretation, revocation, revoke, wills, act, capacity, decision, holograph, witness |
FORMAT | Publications |
FILE | fr096.pdf |
September 29, 2009
2005-2009 Annual Report
TAGS | annual, report |
FORMAT | Publications |
FILE | 4_Year_Report_2005_to_2009_TR.pdf |
July 1, 2009
Contracts for the Sale and Purchase of Land: Purchasers’ Remedies, Report for Discussion 21
This report addresses the current state of the law (as of the time of publication) concerning situations where a purchaser of land has fulfilled his or her obligations under the purchase contract, but the vendor has not transferred the land. In Semelhago v. Paramadevan, [1996] 2 SCR 415, the Supreme Court of Canada determined that in most such cases, the purchaser will be entitled to damages, but not specific performance (i.e., receipt of the land in […]
AREA OF LAW | Corporate and Commercial |
TAGS | obligation, paramadevan, performance, semelhago, contract, damages, Land, purchase, remedy, sale |
FORMAT | Publications |
FILE | rfd021.pdf |
March 2, 2009
Rules of Court Project, Final Report 95
This report sets out the process by which ALRI has proposed Rules for the revision of the Alberta Rules of Court. The Rules of Court Committee requested ALRI to review the Alberta Rules of Court. The ultimate goal of the project was to produce clear, more useable and more effective Rules. Other goals included increased fairness, timeliness, cost effectiveness and accessibility. Through extensive consultation, ALRI created a list of proposed Rules. They are arranged in […]
AREA OF LAW | Administration of Justice Courts |
TAGS | fairness, justice, Appeal, Court, evidence, lawsuit, Limitation, Practice, Rule, Service, Substantive, Validity |
FORMAT | Publications |
FILE | FR95_updated.pdf |
October 29, 2008
Enforcement of Judgments, Final Report 94
This report examines the current law on enforcement of judgments outside of Alberta. Since 1925, Alberta has had a legislative regime whereby money judgments from other specified jurisdictions could be registered with the Alberta courts. Therefore, these judgments are recognized and enforceable in Alberta. This regime has been relatively unchanged since that time. In 1990, the Attorneys General and the Ministers of Justice requested that the Uniform Law Conference of Canada (ULCC) develop uniform legislation […]
AREA OF LAW | Administration of Justice Corporate and Commercial |
TAGS | enforcement, judgement, money, jurisdiction, enforce, uniform, foreign, transfer, certainty |
FORMAT | Publications |
FILE | fr094.pdf |
September 29, 2008
Powers and Procedures of Administrative Tribunals, Consultation Memorandum 13
Administrative tribunals have had an important role to play in interpretation and application of the law through their adjudicative functions. In their adjudicative role of government, they are also a primary contact for a proportion of the population, and they make decisions affecting the rights and interest of individuals and businesses. While the Administrative Procedures and Jurisdiction Act provides a set of Rules to guide tribunals in their decision making function, its provisions do not reflect the […]
AREA OF LAW | Administration of Justice Constitutional and Public Law Courts |
TAGS | Appeal, Court, evidence, Limitation, Practice, Rule, Service, Substantive, Validity |
FORMAT | Publications |
FILE | cm013.pdf |
September 4, 2008
Enduring Powers of Attorney: Areas for Reform, Final Report
Western Canada Law Reform Agencies (WCLRA) consists of the British Columbia Law Institute, the Alberta Law Reform Institute, the Law Reform Commission of Saskatchewan and the Manitoba Law Reform Commission. In its first report, WCLRA recommends uniformity of certain key provisions in each western province’s statute governing enduring powers of attorney (EPAs). Apart from these proposed uniform provisions, it is intended that each province’s statute will remain unique. The areas in which WCLRA proposes uniformity […]
AREA OF LAW | Wills and Succession |
TAGS | planning, trusts, appoint, mental, epa, donor, attorney, capacity, enduring, estate, financial, power, trustee, witness |
FORMAT | Publications |
FILE | WCLRA-EPA-report.pdf |
June 16, 2008
The Creation of Wills, Report for Discussion 20
This report makes a number of recommendations to reform the Wills Act. It recommends that Alberta courts be given the power to validate a will or an alteration, revocation or revival of a will even if it does not comply with the formalities prescribed by the Wills Act. It also recommends that the age of testamentary capacity remain the same as the age of majority (18 years) so that a minor cannot make a valid will. People […]
AREA OF LAW | Wills and Succession |
TAGS | valid, exempt, statutory, validate, majority, testamentary, handwriting, interpretation, capacity, decision, estate, holograph, substitute, will, witness |
FORMAT | Publications |
FILE | rfd020.pdf |
September 2, 2007